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CAROLINA POWER & LIGHT CO. v. MERRIMACK MUT. FIRE I. CO.

No. 167.

79 S.E.2d 167 (1953)

238 N.C. 679

CAROLINA POWER & LIGHT CO. v. MERRIMACK MUT. FIRE INS. CO. et al.

Supreme Court of North Carolina.

December 2, 1953.

Attorney(s) appearing for the Case

A. A. Bunn, Kittrell & Kittrell, Perry & Kittrell, Henderson, E. S. DeLaney, Jr., Charles F. Rouse, A. Y. Arledge, Raleigh, for plaintiff appellant.

Murray Allen, R. P. Upchurch, for defendants other than C. J. Fleming, R. E. Tanner, R. F. Read, Robert F. Turner, T. P. Gholson and A. W. Gholson, Jr.

Gholson & Gholson, Henderson, for defendants, C. B. Turner, R. E. Tanner, Robert F. Turner and R. F. Read.

William T. Joyner, Raleigh, Gholson & Gholson, Henderson, for defendants C. J. Fleming, T. P. Gholson and A. W. Gholson, Jr.

DEVIN, Chief Justice.

The plaintiff labels its action as one in the nature of a bill of peace. The function of a bill of peace is well recognized in courts of equity. It is a proceeding instituted in that court to invoke the aid of its equitable jurisdiction on behalf of one who wishes to be made secure in his rights against the continued recurrence of vexatious litigation of unsuccessful claims, or to prevent a multiplicity of suits. Detroit Trust Co. v. Hunrath...

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